Langues

Legal representation

Any minor whose parents can not ensure protection have the right to a legal representative who assists him, follows him and safeguards his personal and material interests.

Right to legal representation

"Because children and young unaccompanied minors in the area of asylum are separated from their parents and deprived of the support of an adult invested with parental responsibilities under the law or inherited under customary law, he should be assigned a legal representative."

Recommendations of the Conference of Cantonal Directors of Social Affairs (CDAS) on children and unaccompanied youth in the field of asylum, 2016

At the European level, see the recommendations of the Separated Children's Programme in Europe (SCEP): Statement of good practice, 2010

Appointment of a legal representative

A legal representative in the person of a guardian or trustee must be appointed to represent the interests of unaccompanied children. However, some cantons do not order of guardianship measures or delay in the appointment of the legal representative.

If it is not possible to establish a guardianship or trusteeship upon assignment of the minor to a canton, the Swiss law provides that the competent cantonal authority must immediately appoint a trusted person (Article . 7 para. 2 OA1). The role of the support person is to guide and support the minor throughout the proceedings (Art. 7 para. 3 OA1). The mandate of the person of trust terminates the appointment of a curator or guardian or the majority of the young migrant person.

Hearing on the grounds for asylum

The Programme for Separated Children in Europe (SCEP) believes that children should not be heard before the appointment of a legal representative or a trusted person.The registration procedure should be limited to the statement of personal and family data. The hearing on the grounds for asylum should be held after the award of the minor to a township, and this only after the appointment of the legal representative.